- Latest available (Revised)
- Point in Time (01/03/2019)
- Original (As enacted)
Point in time view as at 01/03/2019. There are multiple versions of this provision on screen. These apply to different geographical extents.
You are viewing this legislation item as it stood at a particular point in time. At this point in time multiple versions of this provision exist for differing geographical extents. Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents.
There are currently no known outstanding effects for the Control of Pollution Act 1974, Section 62.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to the provisions of this section, a loudspeaker in a street shall not be operated—
(a)between the hours of nine in the evening and eight in the following morning, for any purpose;
(b)At any other time, for the purpose of advertising any entertainment, trade or business;
and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.
[F1In this section] “street” means a highway and any other road, footway, square or court which is for the time being open to the public.
F2[(1A)Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.
(1B)An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a street at any time between the hours of nine in the evening and eight in the following morning.]
(2)[F3Subsection (1) of this section] shall not apply to the operation of a loudspeaker—
(a)for police, [F4fire and rescue authority] or ambulance purposes [F5or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016)], by [F6the [F7Environment Agency], [F8the Natural Resources Body for Wales,] a water undertaker or a sewerage undertaker] in the exercise of any of its functions, or by a local authority within its area;
(b)for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c)if the loudspeaker forms part of a public telephone system;
(d)if the loudspeaker—
(i)is in or fixed to a vehicle, and
(ii)is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii)is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e)otherwise than on a highway , by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f)by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g)in case of emergency.
(3)Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—
(a)is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and
(b)is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and
(c)is so operated as not to give reasonable cause for annoyance to persons in the vicinity.
F9[(3A)Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.]
(4)An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M1Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 62(1) substituted (E.W.) (1.5.1994) by 1993 c. 40, ss. 7, 12(1).
F2S.62(1A)(1B) inserted (E.W.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).
F3Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).
F4Words in s. 62(2)(a) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 45; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F5Words in s. 62(2)(a) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(3), 19(3)(b)
F6Words in s. 62(2)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F7Words in s. 62(2)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 28 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8Words in s. 62(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 116 (with Sch. 7)
F9S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).
Modifications etc. (not altering text)
C12S. 69(1) power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)
Marginal Citations
(1)Subject to the provisions of this section, a loudspeaker in a [F10road] shall not be operated—
(a)between the hours of nine in the evening and eight in the following morning, for any purpose;
(b)At any other time, for the purpose of advertising any entertainment, trade or business;
and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12[(1A)Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.
(1B)An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a road at any time between the hours of nine in the evening and eight in the following morning.]
(2)[F13Subsection (1) of this section] shall not apply to the operation of a loudspeaker—
(a)for police F14... or ambulance purposes [F5or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016)], [F15for or in connection with the exercise of any function of [F16the Scottish Fire and Rescue Service],] by [F17Scottish Water] in the exercise of any of its [F18core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)], or by a local authority within its area;
(b)for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c)if the loudspeaker forms part of a public telephone system;
(d)if the loudspeaker—
(i)is in or fixed to a vehicle, and
(ii)is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii)is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e)otherwise than on a [F19public road (within the meaning of the Roads (Scotland) Act 1984)], by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f)by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g)in case of emergency.
(3)Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—
(a)is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and
(b)is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and
(c)is so operated as not to give reasonable cause for annoyance to persons in the vicinity.
F20[(3A)Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.]
(4)An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M2Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F5Words in s. 62(2)(a) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(3), 19(3)(b)
F10Word in s. 62(1) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1) Sch. 9 para. 74(5)(a)(i)
F11Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(a)(ii), Sch. 11
F12S. 62(1A)(1B) inserted (S.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).
F13Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).
F14Words in s. 62(2)(a) repealed (S.) (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, Sch. 3 para. 6(a) (with s. 77); S.S.I. 2005/392, art. 2(k)
F15Words in s. 62(2)(a) inserted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, Sch. 3 para. 6(b) (with s. 77); S.S.I. 2005/392, art. 2(k)
F16Words in s. 62(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 50; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F17Words in s. 62(2)(a) substituted (S.) (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(5)(a)
F18Words in s. 62(2)(a) substituted (S.) (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(5)(b)
F19Words in s. 62(2)(e) subtituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(b)
F20S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).
Modifications etc. (not altering text)
C13S. 62(1): power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: